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Ohio Appeals Court Rules Taylor Kia Name Dispute Exempt From Arbitration

The appeals court ruled that her naming claim falls outside the scope of her arbitration agreement.

Overview

  • After repossession of her Kia K5, McCreary discovered Taylor Kia of Lima had not renewed its business name registration.
  • McCreary registered “Taylor Kia of Lima” in her own name and issued a cease-and-desist to the dealership and its parent company.
  • A lower court had dismissed her case under an arbitration clause in her purchase documents and sent the dispute to private arbitration.
  • On July 31, the Third District Court of Appeals held that the naming claim is unrelated to the car sale and therefore not covered by the arbitration agreement.
  • The naming claim has been returned to Allen County Common Pleas Court for further legal proceedings.